Ladakh Reservation Act amended: Reservation cap set at 85%, EWS excluded

Business Standard

2 days ago

The Ministry of Law and Justice has issued a new ordinance amending the Jammu and Kashmir Reservation Act, 2004, to apply specifically to the Union Territory of Ladakh. The ordinance, titled the 'Union Territory of Ladakh Reservation (Amendment) Regulation, 2025', was published in the official Gazette notification.
According to the amendment, 'The total percentage of reservation shall in no case exceed 85 per cent, excluding reservation for Economically Weaker Sections'. This provision, which applies to various sections of the Act, aims to cap the reservation limit while ensuring that the Economically Weaker Sections (EWS) quota is treated separately.
The new regulation clarifies, 'Provided that the total percentage of reservation shall in no case exceed 85 per cent, excluding reservation for Economically Weaker Sections.'
The changes specifically exclude the EWS quota from the 85 per cent cap, reflecting the Centre's attempt to maintain reservation balance while addressing the unique demographic and socio-economic needs of Ladakh. The amendments apply to Sections 3, 5, 6, and 9 of the Jammu and Kashmir Reservation Act, 2004.
Other amendments in the ordinance
Under Section 5 of the Act, a new sub-section has been added, stating: 'Nothing contained in this Section shall apply to Economically Weaker Sections and filling up of vacancies for such Sections shall be in such manner as may be prescribed.'
Similar provisions have been inserted in Sections 3, 6, and 9, each reiterating the 85 per cent cap (excluding EWS).
The regulation empowers the Central Government to notify the date from which these amendments will come into force. The ordinance was promulgated by the President, Droupadi Murmu, under Article 240 of the Constitution, in conjunction with the relevant sections of the Jammu and Kashmir Reorganisation Act, 2019.
What is the J&K Reservation Act, 2004?
The Jammu and Kashmir Reservation Act, 2004 is aimed at ensuring social justice through reservation in public employment and admissions to professional institutions for marginalised communities in the region. Enacted by the Jammu and Kashmir State Legislature and receiving the Governor's assent in 2004, the Act has played a significant role in shaping affirmative action policies in the erstwhile state and, subsequently, the Union Territories of Jammu & Kashmir and Ladakh.
The Act was designed to provide reservation benefits in:
* Appointments to government jobs (direct recruitment and promotions)
* Admissions to professional educational institutions
The beneficiaries include Scheduled Castes (SC), Scheduled Tribes (ST), Other Socially and Educationally Backward Classes (OBC/SEBC), and residents of areas adjoining the actual line of control (LoC) and, after amendments, the International Border.
What are the key provisions of the Act?
The Act mandates a fixed percentage of vacancies in government services to be reserved for the above-mentioned categories. It also includes provisions for carrying forward unfilled reserved vacancies to subsequent years. The Act extends reservation benefits to promotions within government services for eligible categories.
Seats in professional colleges and institutions are reserved for the same communities, ensuring equitable access to higher education. Reserved category candidates are allowed to compete for open merit seats as well, ensuring they are not restricted solely to reserved quotas.
The Act details the process for issuing, verifying, and appealing reservation certificates, with penalties for contravention.
Amendments and changes post-2019
Following the abrogation of Article 370 and the reorganisation of Jammu and Kashmir in 2019, the Act was amended to extend its applicability to the Union Territories of Jammu & Kashmir and Ladakh, with modifications to include residents along the International Border as beneficiaries. The percentage of reservation is proportional to the population of the respective categories, and amendments have continued to refine the list of eligible backward classes and the procedures for their identification.